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28 April 2017 / Greg Williams
Issue: 7743 / Categories: Features , Wills & Probate
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​Ilott: a battle for independence?

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The Supreme Court decision in Ilott represents a qualified victory for testamentary freedom, as Greg Williams explains

  • Who can apply for reasonable financial provision from a deceased’s estate?
  • An award for financial provision shall always be determined to an objective standard.
  • An award is at the expense of those whom the testator intended to benefit.

In a claim against an estate, what constitutes reasonable financial provision? It is one which the courts have spent some years trying to answer. The recent, authoritative, decision of the Supreme Court in Ilott v The Blue Cross and others [2017] UKSC 17 assists us. In short, the answer is that an award for financial provision shall always be determined to an objective standard. The statutory criteria must be applied. Unfortunately, as Lady Hale pointed out in this case, the law gives no guidance as to the weight of the criteria to be considered in a specific scenario, such as in the case of an adult child. The result of the current law is that a court’s decision invariably

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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